SUMEET GOEL
Bikramjit Singh @ Vicky @ World – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Sumeet Goel, J.
1. The instant petition is the third petition under Section 483 of BNSS , 2023 for grant of regular bail to the petitioner in case bearing FIR No.175 dated 27.09.2019, registered for the offences punishable under Sections 21 , 22, 29 of the NDPS Act and Section 25 of the ARMS ACT (offence under Sections 25 of NDPS Act and Sections 420 , 465, 468, 471 and 120-B of IPC and Section 12 of the PASSPORT ACT , 1920 added later on) at Police Station Sadar Kapurthala, District Kapurthala.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
Hussainara Khatoon vs. Home Secy.
Abdul Rehman Antulay vs R.S. Nayak reported as (1992) 1 SCC 225
Mohd Muslim @ Hussain vs. State (NCT of Delhi) reported as 2023 INSC 311
The right to a speedy trial is fundamental, and prolonged incarceration without justifiable cause infringes on the accused's rights, warranting bail under stringent provision scrutiny.
Prolonged detention without trial violates the right to a speedy trial, and justifies bail even under stringent provisions of the NDPS Act.
The right to a speedy trial under Article 21 can justify bail in drug cases despite stringent NDPS Act provisions, when trial delays are unreasonable.
The main legal point established in the judgment is the recognition of the right to speedy trial under Section 36 of the NDPS Act and the balance between this right and the rigors of Section 37 in gr....
The right to a speedy trial is fundamental; prolonged detention without trial violates the accused's rights, warranting bail.
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